Legal Opinion
Rose v. Bank of America
California Supreme Court
Decided August 1, 2013No. S199074PublishedCited by 45 opinions
1Opinion of the Court
Opinion
CORRIGAN, J.
May a claim of unlawful business practice under California’s unfair competition law be based on violations of a federal statute after Congress has repealed a provision of that statute authorizing civil actions for damages? We hold that it may when Congress has also made it plain that state laws consistent with the federal statute are not superseded.
DISCUSSION
The federal Truth in Savings Act (TISA; 12 U.S.C. § 4301 et seq.) regulates banks’ disclosures to customers. For 10 years beginning in 1991, TISA allowed civil damages to be sought for failure to comply with its…
2Cases cited19 opinions
- Middlesex County Sewerage Authority v. National Sea Clammers Assn.Supreme Court of the United States · 1981
- Cel-Tech Communications, Inc. v. Los Angeles Cellular Telephone Co.California Supreme Court · 1999
- Korea Supply Co. v. Lockheed Martin Corp.California Supreme Court · 2003
- Bates v. Dow Agrosciences LLCSupreme Court of the United States · 2005
- Vinson v. ThomasCourt of Appeals for the Ninth Circuit · 2002
14 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- Zhang v. Superior CourtCalifornia Supreme Court · 2013
- Dean Beaver v. Tarsadia HotelsCourt of Appeals for the Ninth Circuit · 2016
- Sandoz Inc. v. Amgen Inc.Supreme Court of the United States · 2017
- Ivanoff v. Bank of America, N.A.California Court of Appeal · 2017
- Quesada v. Herb Thyme Farms, Inc.California Supreme Court · 2015
40 more not listed; retrieve them via the Exa API.